Abuse of Dominant Position by Platforms through Data: International Experience

The article explores data as a key source of market power for digital platforms and as an independent object of antitrust analysis. It also examines the role of data as a factor in shaping the dominant position of digital platforms and their use in anti-competitive practices. Against the backdrop of Russia’s Fifth Antimonopoly Package in 2023, which takes into account network effects, market share, and revenue, it is shown that control over data is not singled out as a separate criterion for dominance in Russia. In contrast, in the EU, the US, and China, control over data is recognized as a key element of market power. The theoretical framework relies on the concept of "data feedback loops": as the user base grows and more comprehensive data sets are collected, the quality of services, personalization, and monetization improve, thereby strengthening network effects and entry barriers. Competition policy in the digital economy is shifting from controlling prices and output to regulating the circulation of and access to data. Based on the analysis of antitrust authorities’ decisions, the article examines the quantitative and qualitative characteristics of data – such as relevance, irreplaceability, timeliness, processability, and potential for commercial monetization. Special attention is given to the use of data in monopolistic practices, including the cross-merging of personal data for advertising, the use of business users closed commercial data, restrictions on access to one’s own data and interoperability, as well as algorithmic and price discrimination. The article concludes that data have become a strategic resource determining competitiveness and market entry barriers in digital markets. Russian antitrust regulation, therefore, needs to adapt to new forms of market power based on control over information.